사회보험 관련법상 특별행정심판제도에 대한 고찰 - 일반행정심판제도와의 통합에 관한 논의를 중심으로 -

Abstract

Administrative appeal system has its advantage in many ways such as rapidity, simplicity and inexpensiveness although it is vulnerable to be fair and independent when compared with judicial system. These advantages are more important when it comes to social insurance. However each social security law has separate rules and it makes several problems. First of all, it is unclear that relations between appeal procedures provided in each social security law and administrative appeal process and administrative litigation. Secondly terms of appeal procedure provided in each social security law are different each other. These problems make people who want to use administrative appeal system muddled and make advantages which are admitted in administrative appeal system weak. So we should pursue the way to determine the relations between appeal procedures provided in each social security law and administrative appeal process(especially special administrative appeal process), and unify terms that are used in each social security law. But in the long run it is reasonable to combine these special administrative appeal system with normal administrative system and to transfer to Central administrative appeals commission. That is the way to prevent unnecessary theoretical dispute.